NCJ Number
47386
Date Published
1977
Length
659 pages
Annotation
RULES OF EVIDENCE APPLICABLE TO POLICE INVESTIGATIONS AND COURT TESTIMONY ARE EXAMINED.
Abstract
FREQUENTLY, POLICE OFFICERS BELIEVE THAT INJUSTICES HAVE BEEN DONE WHEN THEY ARE PERMITTED TO TESTIFY TO CERTAIN PARTS OF THE FACTS OF A GIVEN SITUATION BECAUSE THE DEFENSE COUNSEL HAS OBJECTED TO THE INTRODUCTION OF SPECIFIC EVIDENCE AND THE OBJECTION IS SUSTAINED BY THE JUDGE. WHEN A JUDGE SUSTAINS AN OBJECTION BY AN OPPOSING COUNSEL, THE EVIDENCE IS NOT PERMITTED INTO THE RECORD OF THE CASE AND THIS TESTIMONY IS NOT CONSIDERED IN THE DELIBERATION OF THE ISSUE. THE RULES GOVERNING THE STATUS OF EVIDENCE ARE DISCUSSED. THE OVERVIEW OF THE DEVELOPMENT OF EVIDENTIARY PRINCIPLES PRESENTED INCLUDE AN EXAMINATION OF THE FOLLOWING AREAS: EXAMINATION OF WITNESSES AND TRIAL PROCEDURE, CIRCUMSTANTIAL EVIDENCE, OPINION EVIDENCE, BEST EVIDENCE RULE, AND HEARSAY AND CHARACTER EVIDENCE. SELECTED HEARSAY EXCEPTIONS NOTED, INCLUDE ADMISSIONS, RES GESTAE, DYING DECLARATIONS, BUSINESS RECORDS, AND PERSONAL OR FAMILY HISTORY EXCEPTIONS. PRIVILEGED COMMUNICATIONS, DECLARATIONS AGAINST INTEREST, SELF-SERVING DECLARATION, PUBLIC DOCUMENTS, REAL EVIDENCE, PRESUMPTIONS, JUDICIAL NOTICE, AND UNCONSTITUTIONALLY OBTAINED EVIDENCE ARE ALSO EXAMINED. THE GREATER PORTION OF THE VOLUME REFERS TO AND EXAMINES JUDICIAL DECISION CORRESPONDING TO THE RULES OF EVIDENCE DISCUSSED IN THE FIRST PORTION OF THE VOLUME. EDITED TEXTS OF RELEVANT OPINIONS ARE PROVIDED. RULES OF EVIDENCE FOR U.S. COURTS AND MAGISTRATES ARE OUTLINED IN AN APPENDIX. AN INDEX AND A TABLE OF CASES ARE INCLUDED. (KBL)